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HomeMy WebLinkAbout2002 07 08 Regular C Amendment to Ordinance 2002-13 062402 Regular C Mayor Concerns with Ord 2002 13.doc COMMISSION AGENDA ITEM C ~l'1 ~ Jun~, 2002 ./Meeting Consent Informational Public Hearing Regular X Mgr. ~ Authorization Deot. REQUEST: Mayor Paul P. Partyka requesting the Commission to discuss concerns he has with amendments to Ordinance 2002-13 which was approved by the Commission on May 13, 2002 regarding dumpsters located within the City of Winter Springs. PURPOSE: This agenda item is needed to discuss the concerns Mayor Partyka has with amendments to Ordinance 2002-13 regarding dumpsters located within the City of Winter Springs. CONSIDERA TIONS: Mayor Partyka has expressed concerns with the amendments of Ordinance 2002-13 and would like the Commission to further discuss these concerns. FUNDING: Not applicable. RECOMMENDATION: It is recommended the Commission discuss any and all concerns Mayor Partyka has with Ordinance 2002-13 regarding dumpsters located within the City and to provide staff with any direction it deems appropriate. ATTACHMENTS: a) Public Hearing Agenda Item G, May 13,2002 b) Ordinance 2002-13 COMMISSION ACTION: . . . COMMISSION AGENDA ITEM G Consent Informational Public Hearing X Regular May 13.2002 Meeting Mgr. / Att. / Dept. REQUEST: The City Manager and the City Attorney request that the City Commission consider second and final reading of Ordinance No. 2002-13 requiring that all dumpsters located within the City satisfy minimum screening and design requirements. PURPOSE: The purpose of this Ordinance is to establish minimum screening and design requirements for dumpsters located within the City and to require all existing dumpsters to comply with the requirements by October 1,2003. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. City of Winter Springs Code, Sections 20-4 73( c) and 20-489( c) currently require dumpsters within the S. R. 434 Redevelopment and New Development Areas to screen dumpsters as follows: (c) Dumpsters and similar facilities shall be screened on all four (4) sides from public view. Both sides and the rear of such facilities shall be screened by an opaque concrete wall, or similar material. Dumpsters shall be placed in an area that is least visible from public right-of-way. 3. Section 20-234(l1)(d), Town Center Code, provides: IIayc 1 04> 3 . . . Loading docks, service areas and trash disposal facilities shall not face streets, parks, squares or significant spaces. 4. Land development regulations adopted for aesthetic purposes is a valid exercise of the City's police powers. (See e.g., City of Lake Wales v. Lamar Advertising Association of Lakeland, 414 So. 2d 1030 (Fla. 1982) (Zoning solely for aesthetic purposes is not outside the scope of the police power.) 5. Screening of dumpsters and garbage control are within the general police powers of a municipality . CONSIDERATIONS: 1. The S. R. 434 regulations currently provide for the screening of dumpsters. 2. The City Commission previously asked whether or not dumpster screening requirements currently exist in the City Code. If not, the City Commission directed that an ordinance be prepared for the City Commission's consideration. 3. Adopting minimum screening and design standards for all new and existing dumpsters will establish uniformity throughout the City, not just along the S. R. 434 Corridor. 4. Applying the new minimum standards to existing dumpsters will require the City to notify by mail all affected landowners of the new standards and may require the City to take code enforcement action against those owners who refuse to comply with the standards by October 1,2003. 5. At first reading the Commission added the following requirements: a. Clarify the definition of "dumpster" by adding the work "bulk" in reference to trash, etc. b. Add language to ensure the solid waste hauler has adequate access to the screened dumpster. c. Require restaurants and other commercial businesses that discard decaying or offensive smelling materials to have sewer drains and water at the dumpster site. This requirement will enhance proper clean-up of the dumpster site in order to avoid health risks. 6. On May 6, 2002, the City received a list of existing dumpsters from Florida Recycling Services, Inc. ("FRS"). The list reveals that 209 dumpsters are currently located within the City. At the time of writing this agenda item, staff has not had sufficient time to evaluate the list provided by FRS. Staff believes further analysis is required to determine the impact that Ordinance 2002-13 will have on existing dumpsters and to determine whether additional flays 2 o~ 3 . . . changes to Ordinance 2002-13 should be made. 7. The Commission has three alternatives: a. Adopt Ordinance 2002-13 "as is" and evaluate the impact on existing dumpsters after adoption; or b. Postpone second reading of 2002-13 to a date certain (to preserve advertising) in order to give staff more time to evaluate the potential impact on existing dumpsters, including possible site visits to the existing dumpsters. c. Adopt Ordinance 2002-13 without requiring existing dumpsters to comply with the new dumpster requirements. In other words, the ordinance will only apply prospeCtively. STAFF RECOMMENDATION: The City Manager and City Attorney request that the City Commission consider the three alternatives presented in this Agenda Item and take action as the City Commission deems necessary. ATTACHMENT: Ordinance No. 2002-13. List of existing dumpsters within the City. COMMISSION ACTION: First reading was held on April 22, 2002. F:\DOCS\City of Winter Springs\Agenda\Agenda.G.Dumpster.2002-13.5-13-02.wpd flaYE 3 0<1> 3 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-5-02 2:15PM; Page 2111 . ORDINANCE NO. 2002-13 AN ORDINANCE OF THE CITY COMMISSION OF THl!: CITY OF WINTER SPRINGS, FLORIDA ESTABLISHING MINIMUM STANDARDS FOR SCREENING FROM PUBLIC VIEW NEW AND EXISTING DUMPSTERS; REPEALING WINTER SPRINGS CODE SECTIONS 20-4 73{ c) AND 20-489( c) GENERALLY RELATING TO DUMPSTERS ALONG S. R 434; PROVIDING AN IMPLEMENT A nON SCHEDULE FOR EXISTING DUMPSTERS; PROVIDING FOR SEVERABILITY; TNCORPORATIONlNTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the General Design Standards for the State Road 434 Redevelopment and New Development Areas currently provide that dumpsters shall be 5creened from public view (Sec. 20- 473(c) and Sec. 20-489(c), Winter Springs Code); and WHIIRRAS, the City Commission desires to supplement the State Road 434 Development . Standards and also adopt City-wide minimum guidelines fOTthe screening of dumpsters located within the City ofWillter Springs; and WHEREAS, the City Commission finds that the screening of dumpsters from public view enhances the aesthetic beauty and attractiveness of the community; and WHEREAS, the City Commission also finds that screening dumpsters will assist in controlling litter and wind-blown debris which are generated by overflowing dumpsters; and WHEREAS, the City Commission hereby finds that requiring the screening of dumpsters is a proper exercise of the police power and has a reasonable relation to the health, welfare, and safety of the conununity. See Section 24.248, Mcquillin's 011 Municipal Corporations; and . r ae< I of Ii Sent By: BROWr~,WARD.SALZMAN&WEISS,P.A.j 407 425 9596; . . . Jun-5.02 2:15PM; Page 3/11 WHEREAS, the City Commission finds that dumpsters us~d by restaurants for discarding food products and other businesses that discard materials that decay, produce offensive odors or liquids, and/or attract infectious diseases pose a substantial health risk to the community and attract rodents, if not frequently cleaned; and WHEREAS, the City Commission finds that this ordinance is in the best interests of tht: public health, safety and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF TH.t: CITY OF WINTER SPRJNGS HEREBY ORDAINS, AS FOLLOWS: Section 1. New Code Section. The City of Winter Springs Code, Chapter 20, Article IV, Required Improvemenls is hereby amended to add the following new Division (underlined type indicates additions and sb ik.l;oot type indicates deletions): DIVISION 6. DUMPSTERS. Sec. 9-280. Definitions. As used in.this'Division the word "Dumpster" shall mean any container which is used for the collection and disposal of bulk trash. refuse, vej;letative waste. recyclable materials or other kinds of waste. and which may be of the open or enclosed variety. and is tyoically hoisted onto or mechanicallv emotied into a soecificallv eQuipoed truck for tmnsporting said waste to a designated facility. Dumpsters are typically used for multi-family, commercial. and industrial land uses. Sec. 9-281. Minimum Sereenin2 Requirements. All Dumpsters shan be screened on all four (4) sides from public view and situated under the followin~ minimum screening. design, and loeational requirements: City of Wimer Spring3 Ortlintmcc No. 2002-13 Pace 2 of tJ TI 'I. '_~c:" _ -'nn-. 'I A e ...,,.., ..1""" A'iC:- oc:'ac 0.'1'/ p en Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-5-02 2:15PM; Page 4/11 . w Both sides and the re<lr of the Dumoster shall be screened by an opaque wall made of concrete, brick, stone. or other ~imilar durable material, provided the material uSt:d is compatible with the architectural design of the principal structure. The wall shall be at least six (6) feet in hei~ht or the height of the Dumpster, whichever is greater. The wall shall be designed to permit adeQuate and reasonable truck pick-up by the solid waste hauler. (b) The from of the Dumpster shall be screened bv an opaque ~ate which shall remain closed at all times. except for trash disposal and pick-up. W Dumpsters shall be placed in an area that is least visible from the public right- of-way and shall be situated so as to provide for adequate and reasonable truck pick-up by the solid waste hauler. ill Dumpsters shall be olaced on a concrete pad or other impervious surface . deemed suitable by the City. ~ Restaurants or otht:r commercial businesses that discard silmificant amounts of food or other materials that decay, produce offensive odors or liquids. and/or attract infectious diseases shall be required to equip the dumpster site with a sewer drain and water. The sewer drain and watt:r source shaH be subiect to approval by the City. These dumpster sites shall be cleaned with water and aooropriate cleaning products frequently and as often as necessary to keeo the dumpster in a sanitary condition. ill Landscaping around the Dumpster may be required if deemed necessary by the City in order to make the Dumpster compatible with the surrounding neighborhood and the site development. City of Winter Springs Ordinance No. 2002-13 . rag" J of G Tl '~l f"'\r::- """'l~'''''''II__ ~ -1. ...-, H".V'" ""iC' ':'lC'Q: 0.11"/ P CH Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-5-02 2:16PM; Page 5/11 . (gl All new Dumpsters shall comply with the minimum rt:Quirements set forth herein upon the effective date of this Division, All Dumpsters existin~ on the effective date of this Division shall comply with the minimum requirements set forth herein by October I, 2003 ill Dumpsters located within an enclosed building are exempt from this Section. Section 2, Winter Springs Code, Sections 20-473(c) and 20-489(c) Repealed. Sections 20-4 73( c) and 20-489( c.) of the Winter Springs Cude set forth below are hereby repealed as follows: (St. ikeuut means deletion) A Sec. 20-473 Building and screening design guidelines. (c) Dl:hUP3kl:' cll.d S;'Uilcll fa",il;t;e:. :.hMl b~ 5cc~el,ed 011 all row (4) ~;de:. Ii Olll pub];\.. · i(,~. Duth .!oides alld the. eM of :...,,11 faciJitic~ ~l.MI b" ;,,,,. "",,,ued by all epd~U~ ~vucret\;; wa.II, . or ~ill\jla.r nJdk,ia.l. DULllp;:lk,:, shaH be pl.tc.ed;1I tul .\.ca th,d i~ least v;~iLle ['UIU ^ publ;\.. ';81It-of- way:- Conforming Amendments: Subsections (d), (e), and (f) of this Section shall be restated as subsections (c), (d), and (e) respectively. B. Sec. 20-489 Building and screening design guidelines. (c) DUlllpsters 4Jld ~ill,ilal fAcilitie.s shalt be SGleclLed on all fv.." (4) .sid".!. fien. public v;cw. DutIl :.~Jv,) alld the r~1 of Sucl. faei!;tie.b ~ha:fi be SCI een..J by 3Jl opaque concl de. \>vall, o. $;,llilal Illa.Cel;.ti. DUlllp~t(.Jg sl..,dl be placeJ ill ill} a..~ 1I14t i:.JI;;4:)t vi:.;blc h01l1 ~ public. ,;ght-uf- way:- City of Winter Springs OrdinOJlc<: No. 2002-13 . r.!:" 4 of (j TI If.I-(,Ie::- ,:>,^,^ ') 1 ..1 , ':>? .-1lA? .-1':>::; OC::O':: O.~1"'" D (,Ie:: Sen: By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-5-02 2:16PM; Page 6i11 . Conforming Amendments: Subsections (d), (e), (f), (g), (h), (i), (j), (k), (I), and (m) of this Section shall be restated as subsections (c), (d), (e), (t), (g), (h), (i), (j), (k) and (I) respectively. Section 3. Repeal of Prior ConOicting Ordinances. All prior conflicting ordinances adopted by the City Commission, or parts of prior ordinances in conflict herewith, are hereby rep~aJed in their entirety. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing Section S. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Qrdinance is for any reason held invalid or unconstitutional by any coun of . competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validi ly of the remaining portions of this ordinance, Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2002. PAUL P. PARTYKA Mayor CityofWmLcr Spnu83 Ordinance No. 2002-13 . PtC~ , of G JUt,I-05-200,'2 14: 27 407 425 9596 94% P.06 Sent By: 8ROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596j . /' . . ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE City Attorney First Reading: Second Reading: Effective Date: JUt,HJ5- 2002 14: 27 City of Winll.T Sprulgs Ordin.1l1ce No. 2002-13 P~gc r. of G 407 425 '3596 Jun-5-02 2:16PM; Page 7/11 '34% P.O?